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(영문) 의정부지방법원 고양지원 2014.05.01 2014고합23
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 2013, the Defendant promised to pay for sexual traffic at the underground parking lot of a non-building located in the Sinsan-gu Sinsan-si, the youth who became aware of through mobile phone hosting, and then provided the above C with the first sexual intercourse within the parked Defendant’s vehicle and provided KRW 100,000 to the youth.

2. On December 31, 2013, the Defendant: (a) around 18:00, at the Defendant’s residence in Nam-gu, Incheon Metropolitan City, 1108 Dong 304, and (b) at the Defendant’s residence, the Defendant: (c) caused the said C to have the said C enter the Defendant’s house, and (d) provided the said C with a single sexual intercourse, and provided the accommodation and lodging.

3. On January 2, 2014, at the same place as above 17:30 on January 2, 2014, the Defendant provided the above C and once sexual intercourse and provided accommodation and lodging at the same place as above 2.

4. Around 20:00 on January 3, 2014, the Defendant provided the above C and once sexual intercourse and provided accommodation at the same place as the above 2 and in the same manner as the above 2.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. on or around May 2013, which is the largest sentence for a crime);

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The defendant and his/her defense counsel regarding the assertion of probation, community service order and order to attend a lecture, the main sentence of Article 21(2), Article 21(3) and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be stated in the judgment of the defendant.

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